Weebly Website Service Agreement, Germany | HEXONET

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Weebly Website Service Agreement

Last Updated May 1, 2019 - © HEXONET. All Rights Reserved.

1. Introduction

The terms and conditions set forth in the Weebly Website Service Agreement (“Agreement”) apply to Weebly.com's website service offered by HEXONET (Website Service) and govern the relationship, access and use between the user (“User”) of the Website Service and Key-Systems GmbH, a German corporation ("HEXONET"). Both HEXONET and the User are also each referred to as "Party", and collectively as "Parties". This Agreement is made effective as of the date of acceptance (electronically or in writing) by the User.

The provisions of this Agreement are in addition to any agreement that applies to the User's use of the Website Service under any other applicable HEXONET policies and/or agreements, and are in particular contingent on the HEXONET Terms of Service.

By using this Website Service, the User consents to the provisions set forth in this Agreement.

The User's acceptance (electronically or in writing) of this Agreement signifies that the User has read, understands, acknowledges and agrees to be bound by this Agreement.

HEXONET may, in its sole and absolute discretion, amend the Terms and Conditions contained in this Agreement from time to time. In this event, it will inform the User through HEXONET's services and/or by other means, such as by posting the complete new agreement with the last date of change on HEXONET's Website ("Website"). The continued use of the Website Services 30 days following any changes to this Policy will be deemed to constitute User's consent to such changes. The operative and effective version of this Policy will be the latest version available on HEXONET's website.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assignees.

2. Services and Definition

2.1.Definitions

HEXONET's Website Services makes available Weebly.com's website and webhosting services directly to HEXONET customers or to end users of resellers.

2.1.1. Website Services is a web-based web creation and online web hosting service.

2.1.2. Users may post content (defined and regulated by Section 2.7) and publish that content to the Internet.

2.1.3. The Website Service must be accessed by means offered through the Website Service interfaces provided.

2.2. Services

Through the Web Services the User may:

2.2.1. Order/Purchase a number of Weebly.com website plans available via HEXONET

2.2.2. Renew or upgrade a Weebly.com website and/or

2.2.3. Make modifications and/or publish the Content on a Weebly.com website.

2.3. Third Parties

By ordering and using the Web Service through HEXONET, the User agrees to be bound by the terms of this Agreement and the applicable agreements of Weebly.com. The User acknowledges that HEXONET is not the technical provider of the Web Service and therefore HEXONET has no liability for any action or inaction that falls under the agreement between the User and third party service provider Weebly.com.

2.4. Proprietary Rights

2.4.1. Any website created using the Website Service is owned by Weebly.com and the display content, features, and functionality, including but not limited to proprietary software, inventions, copyrights, trademarks, trade dress, service marks, logos, slogans, and taglines, are owned by Weebly.com or other unaffiliated third parties, that are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. No portion of Website Service may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of HEXONET or Weebly.com or the respective third-party intellectual property owner, or except as otherwise specifically provided herein.

2.4.2. The Website Service, all confidential and proprietary software used in connection with the Website Service, Materials (as defined below), content contained in sponsor advertisements or in information presented to the User through the Website Service or by advertisers, and all other materials and services provided by or through Weebly.com are protected by copyright, trademark, trade secret, or other intellectual property laws. The User is solely responsible for ensuring that use of such Materials, including any “professional photos” or “free photos” made available through the Website Service is done solely in accordance with all relevant laws, and any terms or conditions applicable to such Materials. In no event shall Weebly.com or HEXONET be liable to the User or any third party for User's use of Materials in violation of law, or any terms or conditions applicable to such Materials.

2.4.3. The User acknowledges that HEXONET may exchange relevant information with the third service provider Weebly.com within the scope of providing the Website Services.

2.5. Materials

2.5.1. “Materials” means any and all software, text, software documentation, designs, "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof, in each case, made available by or through the Website Service.

2.5.2. User may use the Materials to the extent, and only to the extent, necessary to access and use the Website Service in accordance with these terms and, in the case of Materials owned by third parties made available to the User by or through the Website Service, any third-party terms or conditions applicable to such Materials. This permission does not permit the User to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher (or otherwise attempt to discover any programming code or any source code used in or with the Materials), or otherwise distribute in any way the Materials other than as specifically permitted. User may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Website Service or Materials, create derivative works based on or in any manner commercially exploit the Website Service or Materials, in whole or in part, other than as expressly permitted. Any use of the Website Service or Materials for any purpose other than as specifically permitted herein and in any relevant third-party terms of service is expressly prohibited. HEXONET reserves all rights not expressly granted in these terms.

2.5.3. All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of either HEXONET or Weebly.com or their respective owners. Except as otherwise specifically provided herein, no license or right to use any Mark is granted to the User without the express written permission of the respective Mark owner.

2.6. User Content Rights

2.6.1. HEXONET nor does Weebly.com claim ownership of the User's Content (as defined in section 2.7), but the User gives their permission worldwide to host the User's Content on the Website Service and to perform all acts necessary to host the Content on the Website Service (such as making copies, reformatting, and distributing the Content). In other words, the User grants both HEXONET and Weebly.com as well as their respective subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display the User's Content throughout the world in any media.

2.6.2. Confidential or proprietary information from the User sent through the Website Service to HEXONET or Weebly.com, unless otherwise agreed in writing by an authorized representative of either company, may be disseminated or used by HEXONET or Weebly.com or respective affiliates without compensation or liability to the User for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to HEXONET's Privacy Policy.

2.7. Content

2.7.1. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials the User posts on a web site via the Website Service ("Content") are the sole property of the person from which such Content originated. The User is responsible for all Content that they upload, post, transmit or otherwise make available via the Website Service. HEXONET does not control the Content post by the User via the Website Service. The User's Content shall not include non-personally identifiable buyer/seller transaction or behavioral data derived from the use of Weebly.com's eCommerce platform (collectively, “Platform Data”). Weebly.com owns all Platform Data and uses it for Website Service operations, improvements, and analytics. The User is also responsible for creating back-up copies of any Content uploaded to the Website Service.

2.7.2. By using the Website Service, the User may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will HEXONET or Weebly.com be liable for the User's Content or the content of any third party, including, but not limited to, for any errors or omissions in the User's Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Website Service. User acknowledges that HEXONET nor Weebly.com will pre-screen Content, but that both companies shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Website Service. Either HEXONET or Weebly.com shall also have the right to remove any Content that violates this Agreement or is otherwise objectionable in either company's sole discretion. The User must evaluate, and bear all risks associated with, the use of any Content. The User may not rely on any Content created by the Web Service. The User acknowledges and agrees that HEXONET or Weebly.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of other users and the public.

2.7.3. The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

2.7.4. Both HEXONET and Weebly.com retain the right to terminate any Website Service, account or user that violate any of the following prohibitions. User shall not:

2.7.4.1 upload, post, transmit or otherwise make available any Content that:

2.7.4.2 harm minors in any way;

2.7.4.3 "stalk," “bully,” or otherwise harass another;

2.7.4.4 impersonate any person or entity, including, but not limited to, employees of HEXONET or Weebly.com, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;

2.7.4.5 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

2.7.4.6 interfere with or disrupt the Website Service or servers or networks connected to the Website Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website Service;

2.7.4.7 intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. The User must comply with all applicable laws regarding the transmission of technical data exported from the EU, Canada, and United States or the country in which the User resides. If User uses the Website Service, or the Materials outside the United States of America, the User is solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;

2.7.4.8 promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;

2.7.4.9 use the Website Service as a forwarding service to another web site or to fraudulently manipulate Google, other SEO ranking, Facebook, other social networking websites, or website "likes" and similar voting mechanisms;

2.7.4.10 solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;

2.7.4.11 exceed the scope of the Website Service that the User has signed up for (e.g., by accessing and using the tools that the User does not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);

2.7.4.12 include more than three ad units per page, or any advertising that greatly reduces the usability of the Website Service;

2.7.4.13 upload files for the sole purpose of having them hosted for use outside of a website created using the Website Service (i.e., created with the Weebly.com editor);

2.7.4.14 create a web site that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;

2.7.4.15 use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater;

2.7.4.16 Abuse customers of HEXONET or Weebly.com's support email, chat, or telephone services or agents; or

2.7.4.17 Take any other action while using the Website Service that is detrimental to the Website Service or the reputation of HEXONET or Weebly.com, as determined by each company's sole discretion.

2.8. Selling through the Website Service

2.8.1. Optional Website Services and Materials may be offered to the User that allows the sale or purchase of goods and services through websites hosted or designed by the Website Service (such goods and services, “Commercial Products”). HEXONET is merely providing the platform for buyers and sellers to conduct transactions for these Commercial Products. In order to sell through the Website Service, the User must be 18 years or older or at least the age of majority in the User's Country of Residence and must provide their full legal name, current address, valid email address, and any other information requested by HEXONET. In the event of a dispute regarding account ownership, HEXONET reserves the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of User's business license, government issued photo ID, and other forms of identification.

2.8.2. When a buyer purchases Commercial Products, payments will be processed through the User's third party payment service provider. Buyers of Commercial Products will be provided a notice when entering their payment information directing them to the third party payment service provider’s terms of service and privacy policy. These payment services are governed solely by the payment service provider’s terms of service and privacy policy. HEXONET is not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, the User must follow the rules listed below when offering, selling, or purchasing Commercial Products.

2.8.3. The User will not offer or sell any Commercial Products that:

2.9. Service Availability

2.9.1 HEXONET does not guarantee nor warrant the Website Service availability in any way whatsoever.

3. User Obligations/ Restrictions

3.1. The User acknowledges and agrees that they are solely responsible

3.1.1. To keep their email address accurate and up to date. HEXONET assumes no responsibility or liability for the User’s failure to receive email notifications;

3.1.2. To provide accurate data and update their information attached and registered with a Website Service immediately after any changes and User shall ensure that such information is kept updated and properly configured during the term of this Agreement;

3.1.3. To cooperate with and support HEXONET with the provisioning of the Website Service by all means, such as providing HEXONET with reasonable access and accurate information in a timely manner and making any and all necessary technical changes on the network or infrastructure;

3.1.4. To control illegal or dangerous activities that threaten the business of HEXONET or Weebly.com;

3.1.5. To monitor the term and the expiration date of the Website Service;

3.1.6. To comply with all applicable policies of Weebly.com;

3.2. The User warrants that the use of the Website Service will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

3.3. The User shall refrain from using the Website Services in a manner (as determined by HEXONET in its sole and absolute discretion) that is considered as breach of General Rules of Conduct as defined in the HEXONET Terms of Service.

3.4. The User is prohibited from assigning or transferring any and all of their rights and/or allocate any and all of their obligations stated in this Agreement, in whole or in part, to any third party without HEXONET’s prior written consent.

4. Pricing, Payments, and Cancellations

4.1. All payments shall be provided in accordance to the Pricing and Payments terms set forth in the HEXONET Terms of Service.

4.2. User agrees to a twelve (12) month service contract (Contract) with HEXONET and may not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”).

4.3. If the User cancels the Website Service the cancellation takes effect immediately and the User will no longer have access to the Website Service. All information and Content of the Website Service may be deleted. HEXONET accepts no liability for deleted information or Content.

5. Service Changes and Associated Domain Name

5.1. HEXONET may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Website Service, partially or entirely, or change and modify prices for all or part of the Website Services offered at its sole discretion. Changes are effective upon posting to HEXONET's website or control panel or by direct communication to the User unless otherwise noted. HEXONET further reserves the right to withhold, removes and or discard any Content available as part of the User's account, with or without notice if deemed by HEXONET, in its sole discretion, to be contrary to this Agreement. For avoidance of doubt, HEXONET has no obligation to store, maintain, or provide to the User a copy of any Content that User or others provide when using the Website Service. HEXONET also reserves the right to limit or cease phone or chat support if the User consumes a disproportionate amount of customer services or otherwise negatively affects HEXONET's ability to provide support to other customers (as determined in HEXONET's sole discretion).

5.2. In the event that the User's domain registration connected to the Website Service expires during the contract period of the Website Service, the User acknowledges and accepts that public DNS resolution of the Website Service will fail and the Website Service will no longer be available until the domain name is renewed or the Website Service is reconnected to another registered and active domain name. It is the full responsibility of the User if a Website Service becomes useless due to the expiration of the User’s respective domain name registration.

6. Expiration and Renewal

6.1. AT THE END OF THE CONTRACT TERM, THE CONTRACT WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL CONTRACT TERM OF THE SAME LENGTH UNTIL EXPLICITLY CANCELLED BY THE USER. THE USER MAY TURN OFF THE AUTO-RENEW FEATURE FOR ANY CURRENT CONTRACT AT ANY TIME THROUGH THE CONTROL PANEL OR API.

6.2. HEXONET may notify the User via HEXONET’s Services regarding the renewal fees and any other fees that are due at any time for Website Services that have auto-renew turned off. The User consents to receiving such notifications.

6.3. If renewal fees are not manually paid in full or the auto-renewal payment cannot be acquired due to insufficient account funds, prior to expiration of the Contract, the User’s Website Service will expire and/or be cancelled in accordance with this Agreement.

7. Limitation of liability

7.1. To the greatest extent permitted by law, HEXONET and its related companies and their directors, officers, employees and agents, will not be liable to the User for any consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out, of or relating to, this Agreement or the Website Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, minor negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if HEXONET has been advised of the possibility of such damages. Under no circumstances will HEXONET’s aggregate liability to the User or any third party arising out of or related to this Agreement or the Website Services exceed the aggregate amount of fees paid hereunder regardless of the cause of action.

7.2. Further, HEXONET assumes no liability or responsibility for User's failure to receive email notifications especially if such failure is a result of an inaccurate email address or account contact information.

7.3. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE SERVICE OR THE MATERIALS, USER'S SOLE AND EXCLUSIVE REMEDY, AS PERMITTED BY APPLICABLE LAW, IS TO CEASE USING THE WEBSITE SERVICE, AND THE MATERIALS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER HEXONET, WEEBLY.COM, ITS AFFILIATES, NOR LICENSORS SHALL BE LIABLE IN ANY WAY FOR USER'S USE OF THE WEBSITE SERVICE, THE MATERIALS, USER'S CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE WEBSITE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE SERVICE, THE MATERIALS, USER'S CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

8. Indemnification

8.1. The User will indemnify, defend, and hold harmless HEXONET (including HEXONET’s Affiliates, directors, officers, managers, employees, contractors, and agents) from and against any claim, action, loss, liability, damage, penalty, cost or expense (including reasonable legal fees for attorneys, witnesses, and defense) that HEXONET may suffer or incur as a result of:

8.1.1. Any failure by the User to comply with the terms of this Agreement;

8.1.2. Any representation or warranty in connection with the Services made by the User, their employees, contractors, or agents being false or misleading;

8.1.3. Any gross negligence or willful misconduct by the User, their employees, contractors, or agents;

8.1.4. Any Chargeback or;

8.1.5. Any alleged or actual violations by the User for any law, regulation or rule;

8.2. The Users acknowledge and agree that they shall have no right to seek, and shall not seek, any indemnification directly from HEXONET.

9. Entire Agreement

This Agreement constitutes the complete agreement between the Parties relating to the subject matter hereof and supersedes all prior and other understandings, representations, warranties, and agreements relating hereto, whether verbal, written, or otherwise.

10. Disclaimer / Waiver

10.1. Waiver

No waiver by HEXONET of a breach of any provision hereof will take effect or be binding upon HEXONET unless expressly waived in writing, and such waiver will extend and apply only to the particular breach so waived and will not limit or affect the rights of HEXONET in respect of any future breach or in respect of any breach of any other provision hereof.

10.2 Disclaimer

HEXONET makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the applications, software, data, or information related to the network, systems, or other services of HEXONET or its third party providers. HEXONET provides all the Website Services “as is”, “where is” and “available as” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. The User understands, acknowledges, and agrees that the User will use the Website Services, and all aspects thereto at the User’s sole risk. HEXONET will not be liable for delays in its performance of this Agreement caused by circumstances beyond its reasonable control (“Force Majeure”), including acts of God, wars, riots, national disasters, earthquakes, strikes, fires, floods, shortages of labor or materials, labor disputes, transportation problems, accidents or governmental restrictions. HEXONET will make all reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.